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Act And Adding Section 304B Of The … vs In Re : Lalan Bibi @ Lalun Bibi & Anr on 20 September, 2018

1

20.09.2018
48
sdas
partly allowed

C.R.M. 7978 of 2018

In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 14.09.2018 in connection with Salar Police
Station Case No. 53 of 2018 dated 02.04.2018 under Sections
498A/326/307/34 of the Indian Penal Code and Section 3/4 of the D.P.
Act and adding Section 304B of the Indian Penal Code.

And

In Re : Lalan Bibi @ Lalun Bibi Anr. …… petitioners

Mr. Pratip Kumar Chatterjee
…..for the petitioners

Mr. S. G. Mukherjee, learned P.P.,
Ms. Amita Gaur
….for the State

Learned Counsel appearing for the petitioners submits that the

petitioners are in custody for 163 days and it is also submitted that the

petitioners have been falsely implicated in the instant case.

Learned Counsel appearing for the State opposes the prayer for bail

and submits that prayer for bail of the petitioners was rejected earlier.

We have considered the materials on record including the dying

declaration recorded by the medical officer at page no. 65 of the case

diary. Keeping in mind the extent of complicity of the petitioner no. 2 in

the alleged crime and in the light of the aforesaid dying declaration and

the fact that there is no progress in the matter since the last rejection of

bail by this Court, we are inclined to grant bail to her.
2

Accordingly, we direct that the petitioner no. 2 shall be released on

bail upon furnishing a bond of Rs.10,000/- with two sureties of like

amount each, one of whom must be local, to the satisfaction of the

learned Additional Chief Judicial Magistrate Kandi, Murshidabad. She

shall not intimidate the witnesses or tamper with evidence in any manner

whatsoever and she shall appear before the trial court on every date of

hearing until further orders and in the event she fails to do so, the trial

court shall be at liberty to cancel her bail without further reference to this

Court

The application for bail is, accordingly, allowed so far as the

petitioner no. 2 is concerned.

However, in view of the fact that the petitioner no. 1, mother-in-law

of the victim, is named in the said dying declaration, we are not inclined

in granting bail to petitioner no. 1 at this stage.

Accordingly, prayer for bail so far as the petitioner no. 1 concerned

is rejected.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)

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